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Can they collect past statute of limitations for debt???


onlybrad
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Depends on your state...but...in all states I'm aware of, the SOL is measured from the date it was first delinquent or last payment with the original creditor. A JDB buying the debt doesn't reset the SOL.

And...except for WI and MO...debts beyond the SOL are still collectible. All SOL means is that if they take you to court, and your raise the SOL defense, and the judge agrees, they can't win.

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Depends on your state...but...in all states I'm aware of, the SOL is measured from the date it was first delinquent or last payment with the original creditor. A JDB buying the debt doesn't reset the SOL.

And...except for WI and MO...debts beyond the SOL are still collectible. All SOL means is that if they take you to court, and your raise the SOL defense, and the judge agrees, they can't win.

So if the SOL on reporting is only 7yrs. Can another collection company that buys the debt still report 8-9 years later?

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Nope. The DOFD cannot change.

I know but a debt was bought by a collection company on me this past month and it is 7yrs old... They just called me out of the blue the other day. It's AT&T. The funny thing is I have an account with them currently.

I told the guy I don't remember this and to send me a bill. He told me he wouldn't because they do not keep bills & I need to pay it or he would report it to my credit reports. This thing is over 8yrs old. Can they still report it to my credit reports?

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I know but a debt was bought by a collection company on me this past month and it is 7yrs old... They just called me out of the blue the other day. It's AT&T. The funny thing is I have an account with them currently.

I told the guy I don't remember this and to send me a bill. He told me he wouldn't because they do not keep bills & I need to pay it or he would report it to my credit reports. This thing is over 8yrs old. Can they still report it to my credit reports?

No they cannot report to your CR. If they do, they will be guilty of "re-aging" and a serious violation. They are just trying to punk you into paying. Send them a letter simply saying, "I dispute this debt and request validation". From that point on they cannot call you or write you until they provide the proof. they also can't report to any CRA's even if it's within the reporting period.

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He told me he wouldn't because they do not keep bills & I need to pay it or he would report it to my credit reports.

I wouldn't pay anything without proof, I don't care what they threaten. If they can't provide proof of the debt they can't continue collection, that's in the FDCPA:

(B) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#809

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No they cannot report to your CR. If they do, they will be guilty of "re-aging" and a serious violation. They are just trying to punk you into paying. Send them a letter simply saying, "I dispute this debt and request validation". From that point on they cannot call you or write you until they provide the proof. they also can't report to any CRA's even if it's within the reporting period.

Thats what I thought... I ain't paying crap!

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Just to make sure we're all on the same page here, the SOL is a state law that has nothing to do with how long something can stay on your credit reports.

agreed, but this is what I was replying to:

had somebody tell me that if another collection company buys the debt in 6 years or whatever the statute of limitation starts over from when the debt was bought...

Is this true? Or does it go from the date it was first charged off?

I didn't understand it to be a question about the OPs credit report. I read it to be about the SOL.

(actually, since I don't have any idea what the SOL is for the OPs state or debt, I should have omitted the 7 years part)

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